General Assembly Post-Game Wrap-Up/Pre-Game Show: Weds., May 15, 2024

The Big Story:  Open The Floodgates–Great Bills Coming Through.

Today’s Senate committees are full of ’em.  You’ll have to wait just a little longer to revel in all that goodness, though.

Looks like the Rethugs objected to preventing unfettered towing of cars by unscrupulous operators.  HB 351(Osienski) as amended passed the House by a 24-14 vote with three absent.  Straight party-line vote.  Anyone care to fill in the gory details?  Did Mike Ramone already use up his Skittles allocation or something?  Which reminds me: Did John Carney already use up his allocation of khakis?:

OK, I can’t unsee that photo.  Am I the only one, or does the word ‘ghoulish’ stick in your brain too?

But I digress.  Here is yesterday’s Session Activity Report.

Today’s Senate Agenda features the two bills changing procedures for the administration of interscholastic athletics in Delaware.  Oh, you see that Schwartzkopf lifeguard bill?  For those of you wondering why Pistol Pete couldn’t end his career the same way he started (as a lifeguard), I am reminded of what then-Sixers GM Pat Williams said upon drafting Charles Barkley.  Paraphrasing:

Son:  Dad, can I go into the ocean?

Pat:  I’m sorry son. Charles is using it.

But I digress. Final digression of the day?  We shall see about that.

I promised you some great bills.  Time to give you some great bills.  Today’s Senate Committee highlights:

SS1/SB150 (Mantzavinos) ‘this Act requires included facilities have sufficient staff to meet the needs of each resident and requires dementia care services training for staff.’  There’s a lot more to the bill than that.  Great bill, bipartisan support.  Health & Social Services.

OK, time for a digression that is not really a digression.  Sometimes, legislators are content to be back-benchers.  Never do much, get reelected.  Sometimes, it takes legislators awhile to either find their niche or to figure out the legislative process.  At least three legislators have really blossomed this term:  Senators Mantzavinos and Darius Brown, and Rep. Kendra Johnson.  I couldn’t be happier.

SB 10 (Townsend) ‘provides that changes in coverage terms for a health-care service or in the clinical criteria used to conduct pre-authorization reviews for a health-care service will not apply until the next plan year, for any covered person who received pre-authorization for the service prior to the change. It also requires the Delaware Department of Insurance to publish on its website information concerning the aggregate number of pre-authorization approvals, denials, and appeals for each insurer, health-benefit plan, or health-care service corporation using pre-authorization review.’  Banking, Business, Insurance & Technology.

Hmmm, SB 273 (Buckson) ‘legalizes the sale and distribution of raw milk and products derived from raw milk by dairy producers directly to consumers for human consumption.’  Hey, consumers demand it, so caveat emptor.  At least the Raw Milk Institute (yes, there is such a thing) gets its day in the spotlight.  Too bad raw milk is illegal in the US.  Agriculture.

Have I mentioned lately that the Carney Administration really sucks at, you know, administrating?  It’s why we’re seeing more bills like SJR 7 (Gay), which ‘directs the Office of Child Care Licensing to adopt an electronic record and filing system that will modernize the State’s child care system.’  That’s right, they’re not doing it already, and won’t do it unless they’re required to.  I wonder what low-rent equivalent to the University of Chicago Carney uses for his cost/benefits analysis.  My guess?:  The Concord Coalition.  Is that Pete Peterson still alive?  Also in today’s Education Committee from Sen. Gay is SB 294, which:

…removes assigned salary schedules established for child care licensing specialists and child care licensing supervisors, who are employed through the Department of Education. By removing this language, the Department of Education will be able to provide equitable compensation to early childhood personnel within the Office of Child Care Licensing. Attracting and retaining employees is critical to ensure the State’s child care licensing system is sufficiently staffed. Currently, the statute prevents child care licensing specialists and child care licensing supervisors from equitable pay within the Department of Education, leading to high rates of turnover and inter-Department transfer. A lack of staffing limits the ability of the State to investigate complaints being made against child care centers.

Adequate staffing would enable the State to protect the children in our child care centers.  It has not been a priority under the Carney/Long, um, ‘Administration’.  It can be moving forward. Companion bill SB 295 ‘strengthens the current practice of obtaining service letters for employment in child care facilities to protect children from workers who have engaged in prior acts that are prohibited by the Office of Child Care Licensing’.

SB 293 (Lockman) ‘repeal(s) the exemption to discrimination based on source of income that allows a landlord to discriminate against tenants who participate in government-sponsored rental assistance programs because this exemption contributes to a lack of affordable housing in this State’.  Housing And Land Use.  Also in the same committee: SB 247 (Huxtable), which ‘creates a clearer and workable system for ensuring that manufactured home communities with health and safety violations and conditions that threaten the health and safety of people in the community cannot continue to raise rents on residents without fixing the conditions and providing a safe community for its residents.’

Did I mention Darius Brown?  Well, it’s time for some Darius Brown legislation.  SB’s 282, 283 and 284 seek to do away with the kind of nickels-and-dimes fees that make it difficult for those who have been defendants in the criminal justice system.  We’re talking–Senior Trust Fund Fee; Interstate Compact Fee; Substance Abuse, Rehabilitation, Treatment, Education and Prevention Fund Fee; DELJIS Fund fee; a probation supervision fee; and a Public Defender fee.  I mean, how the fuck is someone supposed to rebuild their life while paying all of these fees?  The bills also ‘discharge balances owed by individuals ordered to pay’ these fees.  Judiciary.

However, arguably my favorite Darius Brown bill of the day is SB 254, which:

‘creates the Delaware Grocery Initiative. It directs the Office of State Planning Coordination (“Office”) to study food insecurity in urban and rural food deserts. The Act defines a food desert and directs the Office to expand access to healthy foods in food deserts by providing financial assistance to grocery stores, independently owned for-profit grocery stores, cooperative grocery stores, non-profit grocery stores as well as grocery stores owned and operated by local governmental units. The Act provides the Office with authority to enter into contracts, grants, or other agreements to administer grants and other financial support, including technical assistance. It further authorizes the Office to adopt and promulgate rules and regulations to implement and administer this initiative.

I’ve highlighted the word ‘directs’ because, once again, nothing even approaching this is going on now.  Not in this Administration.  Anyone ever heard anybody from the Carney/Long roadshow even raise this issue?

I love this recent exercise of legislative leadership to fill the existing vacuum at the executive level.  SB 254 is a great bill that can probably only be made fully operational with a Governor who possesses leadership qualities.

I told you it was gonna be a long one…let’s see what’s shakin’ on the House Committee schedule today:

What will Our PAL Val deign to let out of committee today?  Certainly HB 365 (Cooke), which will help to balance the state’s coffers on the backs of gambling addicts.  The bill ‘establishes the framework and requirements for a competitive mobile sports wagering market in Delaware under the authority of the Lottery Director.’  For newbies, this whole lottery thingie grows out of a constitutional ban on legalized gambling.  A couple of decades ago, the powers-that-be created a workaround, which is why casinos and sports betting fall under the auspices of the Lottery Office.  I’ll also point out that, every time we do something like this, a small portion goes to help maintain Delaware’s thoroughbred and harness racing industries.  Yep, special interest legislation all around.  Except for gambling addicts.

Maybe HB 319 (Morrison), which ‘requires the Department of Human Resources to develop an executive branch policy restricting nepotism in state employment and prohibiting supervision of a state employee by a relative. It further requires the legislative and judicial branches, as well as offices headed by other elected officials to develop and implement comparable policies’.  I guaran-goddamn-tee ya that, if this bill gets out of committee, it will be contingent on an amendment removing the legislative branch from its purview.  The General Assembly has almost always exempted itself from policies it requires of the executive and judicial branches of government.  Without it, Val wouldn’t be able to fire staff with impunity, and we mustn’t have that.

Unless I’ve misread it, I’m not sure that I would support HB 291 (Morrison).  Why?  Because ‘The information provided to the Department is not to be considered a public record under FOIA.’  Then what’s the point?

I’ve got an idea.  During a period that revenues are projected to be tight, let’s axe about $30 mill to $47 mill from available revenues by cutting back the realty transfer tax.  It’s not my idea, it’s that of Rep. Yearick in the form of HB 346.  For reasons that perhaps not even he knows, lamest of lame ducks Sean Matthews is the only D to sign on.  Revenue & Finance.

I’m toast.  Which reminds me: Breakfast?

But I digress.  I mean, digest.